Also known as:moots · mooted · mooting · mootness · mootness doctrine
Written by attorneys · grounded in primary & secondary sources — see below
A case or controversy that has lost its justiciability because intervening events have eliminated any live dispute between the parties such that a judicial decision would have no practical effect on their rights.
Sources & Authorities
How it applies
Common Examples
6
Law Student Graduation Ends Dispute
Mariam Mansour sued her public university after it waitlisted her for admission. A preliminary order secured her enrollment, and she now needs only one course to graduate. The court dismisses the challenge to the admissions policy because any ruling would not alter her status or rights.
Family Zoning Challenge Loses Force
Maria Morales sued the city over an ordinance restricting extended family living arrangements in her home. Before the appeal, she sold the property and moved out of the jurisdiction. The court dismisses the case because the ordinance no longer affects her living situation.
Select any source to read its text and confirm it supports the definition.
Cases
Casebooks
Course Outlines
Moore v. City of East Cleveland, Ohio431 U.S. 494, 503 (1977)
Election Spending Suit After Vote
Miranda Morales filed suit to enjoin restrictions on corporate political expenditures before a primary. The election concluded and the corporation made no further expenditures on that race. The court dismisses the action because a ruling would not change the outcome of the completed election.
Citizens United v. Federal Election Commission558 U.S. 310, 352 (2010)
Pregnancy Challenge After Delivery
Mason McCarthy brought suit to challenge state abortion restrictions while pregnant. She gave birth before the appellate court could hear the case. The court dismisses the individual claim because the pregnancy has ended and the requested relief no longer applies to her.
Roe v. Wade410 U.S. 113 (1973)
Campaign Finance Limits After Election
Mustafa Mahmoud challenged limits on party coordinated expenditures in the preelection period. The election passed and the party made no further expenditures under the challenged rules. The court dismisses the claim because a decision would have no effect on the completed election cycle.
McConnell v. Federal Election Commission540 U.S. 93, 226–27 (2003)
Confrontation Issue After Resolution
Ming Ma sought to exclude a witness statement on confrontation grounds in a criminal trial. The witness later became available and testified at trial. The court dismisses the pretrial confrontation claim because the live dispute over the statement has ended.
Crawford v. Washington541 U.S. 36 (2004)
Common questions
Frequently Asked
4
When does a law student's challenge to university admissions become moot?+
A case becomes moot when intervening events remove any live controversy between the parties such that a court decision will have no effect on their rights. Mariam secured enrollment through a court order and needs only one course to graduate. Her graduation is assured regardless of the admissions challenge outcome. The dispute over her initial admission therefore presents no justiciable controversy.
Supporting sources
Does the mootness of a named plaintiff's individual claim necessarily end a class action?+
The mootness of the named representative’s individual substantive claim does not necessarily moot the entire class action. A class action may continue even if the representative’s personal claim becomes moot.
Supporting sources
When does the capable of repetition yet evading review exception preserve a case from mootness?+
The exception applies only when there is a reasonable expectation that the same complaining party will again be subjected to the same action and the action is of inherently short duration so that it will consistently evade full judicial review.
Supporting sources
Does a defendant's conviction moot a claim challenging pretrial bail denial?+
A claim of unconstitutional denial of pretrial bail becomes moot upon the defendant’s conviction because the defendant is then detained on the basis of the conviction, not the pretrial detention decision.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…so short that the pregnancy will come to term before the usual appellate process is complete. If that termination makes a case moot, pregnancy litigation seldom will survive much beyond the trial stage, and appellate review will be effectively denied. Our law should not be that rigid. We therefore agree with the…